Cows get out, visit pond; neighbor threatens to shoot them!

[ny_grass]

It just keeps better up here in upstate! Today, the cows got out and found a neighbor's pond (of the decorative type). I was in town when my wife called so I rushed back. When I got there the cattle (8 cows and 4 calves) were already out of the water and back in the woods. The first thing the neighbor says to me is "GET YOUR F**KING COWS OFF MY PROPERTY; IF THEY ARE OVER HERE AGAIN, I'M GOING TO SHOOT THEM." I was, of course, very apologetic and offered to fix the damage that they'd (he says) done to the area around the pond but he just cursed at me again.

I'm going to go see him tomorrow and, apologize again, offer again to fix the pond (as it was, of course, my fault). However, I'm going to tell him that if shoots any of my animals, I'll have the police over there and will sue him for the value of the cattle.

So, what's the law on issues like this? I mean, they've "visited" him 2 times in 4 years; not exactly a regular occurrence (though too much). Am I correct to inform him that if he shoots them he'll be paying for them and that a judge will support me?

Thanks,
JR

 

[Isomade]

He!!, I dont know what to tell you about the laws in NY, y'all is crazy up there :lol:. But I'll be dam if I'm gonna apologize again to somebody cussing' me, be it my fault or not. I think you are being too nice. Tell him to go FK himself in the corner.

 

[ny_grass]

He!!, I dont know what to tell you about the laws in NY, y'all is crazy up there :lol:. But I'll be dam if I'm gonna apologize again to somebody cussing' me, be it my fault or not. I think you are being too nice. Tell him to go FK himself in the corner.

Yeah, that's what my wife said too. But, I've got a pretty tough hide and he's an old guy (disabled, apparently). He said his grandkids were coming up this weekend. Perhaps he's spent lots of time and money to make this pond something really special (in his mind, at least - looking at it, just looked like a pond to me). And the guy down the way, who he doesn't know lets these huge beasts "threaten" them - his wife told me that she was scared of the bull. Of course, I have no bulls; cows and steers, all COMPLETELY non-theatening.

So I'll be nice tomorrow and tell him that he'd better not be shooting anything (unless he wants a big bill).

Note, he didn't tell me to F**K myself. That would have been crossing a line.

Of course, though maybe I'm being "nice," I think the guy is a rude, piece of S**T. You never meet your neighbors and, even under the circumstances, you cuss at them like that. What a jerk!

 

[Wild Cattle]

In Texas, and in most states I would expect, it is against the law to shoot trespassing livestock. Civil and criminal penalties would apply. But in NY who knows.

 

[3waycross]

Check your local laws. around her if you don't want em on your place you fence em OUT.

 

[ny_grass]

Check your local laws. around her if you don't want em on your place you fence em OUT.

I've been googling "new york livestock laws" and similar searches but haven't found anything.

 

[dun]

Check with whatever group is responsible for law enforcement in your area. Could be a sheriff, highway patrol, or city/town cops.

 

[kjonesel]

I was told that in Kentucky the law on fence and livestock lies with the person who is wanting to keep the livestock out. In other words fences are to be built to protect yourself. You might check into it.

 

[nap]

I've always taken the view that it is my responsibility to keep my animals fenced in. If your neighbors don't have cattle they have the right to be outraged if their property is damaged by yours. The best approach here is to keep your temper under control and assure your neighbor that you will do everything possible to keep it from happening again.

 

[JSCATTLE]

In Texas that would be considered cattle rustling if he shoots them . We are a fence them out not fence them in state. and as far as being cursed . I'm the nicest guy in the world. but I can understand English . you dont holler at me or cuss me or my family.and he would find that out real fast .its not like the damage can't be fixed .

 

[wbvs58]

I learnt years ago under British law, and that's what Australian law is based on, with cats and dogs, it is your responsibility to fence to keep your animals in, but with livestock, it is your responsibility to keep other peoples livestock out.
Ken

 

[BILL CLAYLAND]

Something I found.

http://asci.uvm.edu/equine/law/fence/ny_fnc.htm

 

[ny_grass]

Check with whatever group is responsible for law enforcement in your area. Could be a sheriff, highway patrol, or city/town cops.

That's a great idea, thanks.

 

[Waldershrek]

He can not shoot your animals however you are liable for any damage they cause to his property

 

[ny_grass]

He can not shoot your animals however you are liable for any damage they cause to his property

Hi Waldershrek, I'm waiting on a call back from the St. troopers now. You're in C. NY too; have you had an experience with a situation like this? Or have you ever seen any codes/laws that address this?

 

[Running Arrow Bill]

The purpose of a good livestock fence is (a) To keep your animals IN your own property; and, (b) To keep unwanted animals OUT of your property.

Any fence should be designed to manage the TYPE of animals with which one is dealing.

An owner's animal(s) that gets off their property is liable for any damage, injuries, or deaths that they cause, on purpose or accidentally. This is why livestock people carry (or should carry) adequate liability insurance (as well as have and maintain quality fencing).

If the property owner doesn't have or can't maintain quality fencing...they shouldn't have any livestock.

JMO :cowboy:

 

[hillsdown]

He should be p@ssed off ,I would be too. I don't want someones cattle in my yard, I don't let mine roam wherever they feel like so I expect others to keep good fences .

However, shytt happens .

It is your responsibility now to pay for and fix any damage that your cattle did in a very timely manner, no matter how little you think of his pond, it obviously means a great deal to him. He may not be able to shoot them ,however they could come down with a mysterious illness and you will have no proof of anything ,just a handful of dead livestock. Make sure your fences are bomb proof ,so there is not a next time .

 

[ny_grass]

Hi all,

I went over to talk to them earlier. He was taking a nap (recently had a hip replacement surgery) but spoke with his wife who was quite pleasant. I apologized again and offered to fix the pond, but she declined. I went to look at the pond and the "damage" was virtually non-existent, except for some pugging in the water.

In any event, I left them my contact info so that they could reach me quickly if any more shytt does happen.

I talked to the state troopers too. They concurred; obviously they can't shoot my animals though, of course, I'm liable for any damage.

I'm shoring up weak spots in the fence today. Now, if I could just find the 3 calves that are missing, we might be able to back to normal around here

JR

 

[VanC]

I think JR has done all he can do under the circumstances. He has apoligized more than once and offered to make things right, as he should. Yes, the neighbor has a right to be upset, but he has no right to cuss someone out the way he did, and he certainly has no right to harm the cattle in any way whether it can be proven or not. He does something like that and things could escalate and become a much worse situation in a heartbeat. People have died over such trivial things.

We don't really know the condition of JR's fences, but since he said his cows have been out twice in four years it doesn't sound like it's been a chronic problem. One thing I learned on my uncle's farm is that no matter how well you maintain your fences, cows will get out if they dam well want to. Seen people say the same thing on this forum many times. How many of you that have run cattle for years have NEVER had a cow get out? Let's not be too quick to judge.

 

[VanC]

Hi all,

I went over to talk to them earlier. He was taking a nap (recently had a hip replacement surgery) but spoke with his wife who was quite pleasant. I apologized again and offered to fix the pond, but she declined. I went to look at the pond and the "damage" was virtually non-existent, except for some pugging in the water.

In any event, I left them my contact info so that they could reach me quickly if any more shytt does happen.

I talked to the state troopers too. They concurred; obviously they can't shoot my animals though, of course, I'm liable for any damage.

I'm shoring up weak spots in the fence today. Now, if I could just find the 3 calves that are missing, we might be able to back to normal around here

JR

Glad to hear things seem to be calming down a bit. Good luck with the missing calves.